Arizona officials scramble to address a 20-year-old voter registration system error

PHOENIX – A recently discovered Arizona voter registration system error could impact the status of thousands of registered voters for the upcoming election, officials said Tuesday.

The problem stems from a 2004 state law and impacts nearly 100,000 voters statewide who originally got their Arizona driver’s license before the mid-1990s.

The law requires voters to provide proof of citizenship when registering to be eligible to participate in state elections. Arizonans who haven’t provided documentary proof but attest to their citizenship can vote, but only in federal races, per U.S. law.

What is the Arizona voter registration system error?

Since Oct. 1, 1996, Arizonans have had to provide valid proof of citizenship to get a driver’s license. Therefore, the licenses have been accepted as proof of citizenship for voter registration.

However, the Maricopa County Recorder’s Office recently discovered a glitch in the interface between the state’s voter registration database and the Motor Vehicle Division.

The MVD has not been flagging voters who originally got their licenses before the 1996 cutoff and also were issued duplicates at some point afterward, meaning those voters have not supplied the state with proof of citizenship. In those cases, the system was erroneously showing the date of the duplicate as the license issuance date, leading elections officials to incorrectly believe the MVD had proof of citizenship on record.

It does not necessarily mean those voters are not citizens, it just means they haven’t provided the documentation as required under state law. According to Votebeat, the registered voters affected by the mistake are mostly Republicans, with many in the 45-60 age range.

How did officials discover the registration glitch?

The error was uncovered after the Maricopa County Recorder’s Office received information about a man who was registered to vote but wasn’t a U.S. citizen. His voter file erroneously indicated that the MVD had his proof of citizenship on record.

“This individual voter has never actually voted in an election, but it shouldn’t have documented proof of citizenship for him,” Maricopa County Recorder Stephen Richer told KTAR News 92.3 FM’s The Mike Broomhead Show.

Here's how to know if you could be affected: pic.twitter.com/9haFbZVawB

— KTAR News 92.3 (@KTAR923) September 17, 2024

Richer notified Gov. Katie Hobbs on Sept. 7. Hobbs’ office worked with the Arizona Secretary of State’s Office to investigated the case, and they figured out the duplicate license date glitch.

“As soon as I became aware of the problem, I directed MVD to work with the SOS to aggressively develop and implement a solution and, out of an abundance of caution, will be implementing an independent audit to ensure that MVD systems are functioning as necessary to support voter registration,” Hobbs said in a statement.

Should you be concerned about your voting eligibility?

In most cases, Arizonans who received their licenses before the 1996 cutoff and registered to vote before the 2004 law went into effect remain eligible to cast ballots in state and local races, Richer said.

“The 2004 law grandfathered in anyone who was already registered at that point. So, it would grandfather you in unless you moved to a new county,” he said.

Richer added that Arizonans who have upgraded their license to Real ID are also in the clear, because proof of citizenship is required to do so.

What happens to the Arizona voters affected by the mistake?

The fate of the approximately 97,000 voters impacted by the registration system error remains in doubt. Oct. 7 is the last day for Arizonans to register and be eligible to vote in the Nov. 5 general election.

Richer and Arizona Secretary of State Adrian Fontes are at odds about how to address the problem. In fact, Richer filed what he called a “friendly lawsuit” so the courts can decide what to do.

In Richer’s view, the registered voters who haven’t provided the required proof of citizenship should get federal-only ballots and be ineligible to vote in the state and local races.

“It’s possible that the courts say nothing needs to be done before the November election,” Richer said. “Or if the courts say something needs to be done, then at that point every single voter who this is affecting will be contacted by their county recorder and by the secretary of state.”

Fontes scheduled a press conference to discuss the matter on Tuesday afternoon.

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